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189. <br /> <br />AMENDED LETTER AGREEMENT <br /> <br />A~n~j_~,.Ld.~This L.~t~er Agreement (the "Agreement") is executed this /.Ot--'/_~/~- day of <br /> , 2003 an,d, effective as of October 23, 2002,~d between <br /> er/can Propane, Inc. (Grantor') and the City of San Marcos, Texas ( City' ). <br /> <br /> WHEREAS, pursuant to an Option and Letter Agreement and Warranty Deed of <br />even date herewith between Grantor and City (copy attached hereto), Grantor has granted <br />to City certain rights to lands described in the Option and Letter Agreement and Warranty <br />Deed; and <br /> <br /> WHEREAS, the parties desire to set forth their agreement with respect to <br />revisions to the Option and Letter Agreement; <br /> <br /> NOW TI~REFORE, for good and valuable consideration, the receipt and <br />adequacy of which are hereby acknowledged, the parties hereto agree as follows: <br /> <br />1) The City has exercised the option to acquire the subject parcel of land <br /> pursuant to the Option and Letter Agreement; <br /> <br />2) <br /> <br />The City has fullfilled its obligation in the Option and Letter Agreement to <br />timely apply for and acquire a driveway permit for a commercial driveway <br />onto Highway 123; <br /> <br />3) <br /> <br />The City has proposed substituting the permitted driveway onto Highway 123 <br />with a 30' commercial driveway with a concrete surface onto Clovis Barker <br />Road at the approximate location indicated on the attached plat. It is <br />understood and agreed that the exact location will be finalized at a location of <br />Grantor's choice provided said location meets existing ordinances of <br />application, including but not limited to distance fi~om an intersection; <br /> <br />Owner hereby accepts as a cash consideration and full payment for the <br />Warranty Deed parcel the sum of $40,000.00. Said payment shall be made to <br />Grantor within 10 business days of the execution date hereof} and <br /> <br />5) All other terms and conditions of the Option and Letter Agreement and <br /> Warranty Deed remaining in full force and effect. <br /> <br />IN WITNESS WgEREOF, this instrument was executed as of the date first <br /> <br />Environment & Engineering Dept. · 630 East Hopkins - San Marcos, Texas 78666.512/393-8130.FAX <br /> 512/396-3796 <br /> <br /> <br />